(a) Right of Entry: Inspection and Sampling. The Superintendent or personnel from the Sanitation Authority shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this Chapter and any individual wastewater discharge permit or general permit or order issued hereunder. Users shall allow the Superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. The User shall be responsible for the cost of testing any samples taken from the User's facilities, whether the sample is taken by the User's personnel or by personnel from the Sanitation Authority.
(1) Where a User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Superintendent shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) The Superintendent shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations.
(3) The Superintendent may require the User to install a monitoring facility and provide monitoring equipment as necessary for sampling and flow measurement. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at the frequency specified in their permit to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the User at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the User.
(5) Unreasonable delays in allowing the Superintendent access to the User's premises shall be a violation of this Chapter.
(6) The location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis and whether constructed on public or private property, the monitoring facilities shall be provided in accordance with the Superintendent’s requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable the Superintendent to perform independent monitoring activities. Construction shall be completed within ninety (90) days following written notification by the Superintendent to comply.
(b) Inspection Warrants. If the Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the County or Sanitation Authority designed to verify compliance with this Chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Superintendent may seek issuance of an inspection warrant from the Circ6uit Court of Loudoun County, Virginia.
(Ord. 14-03. Passed 3-5-14.)